The court docket dominated that NJC’s grounds of objection to Ms Ofili-Ajumogobia’s swimsuit have been “misplaced” and its claims “misconstrued”.
The Federal Excessive Courtroom in Abuja on Tuesday dismissed the preliminary objection filed by the Nationwide Judicial Council (NJC) in opposition to a swimsuit instituted by a sacked decide to problem her dismissal from the bench in 2018.
The NJC had in October 2018 really helpful to President Muhammadu Buhari the dismissal of Rita Ofili-Ajumogobia, then a decide of the Federal Excessive Courtroom, on grounds of misconduct.
Inyang Ekwo, the decide listening to Ms Ofili-Ajumogobia’s swimsuit, dominated on Tuesday that NJC’s grounds of objection to the swimsuit have been “misplaced” and its claims “misconstrued.”
He held that opposite to the council’s competition, the sacked decide’s swimsuit was not ruled by the provisions of the Public Officers Safety Act (POPA).
The NJC had urged the court docket to the declare the swimsuit statute-barred and responsible for dismissal on the grounds that it violated the POPA provision which requires such swimsuit focused in opposition to a public establishment or officer to be filed inside three months following the motion being challenged within the swimsuit.
Mr Ekwo held that Ms Ofili-Ajumogobia raised “constitutional points bordering on denial of truthful listening to within the method she was dismissed.”
The implication, he mentioned, was that it was the Federal Excessive Courtroom that had jurisdiction to listen to the case and never the Nationwide Industrial Courtroom as argued by the NJC.
He then dismissed the objection and stuck April 5,6 and seven, for listening to of the principle swimsuit.
Dismissed for misconduct
The NJC had in October 2018 dismissed Ms Ofili-Ajumogobia for numerous acts of misconduct together with serving because the Director/Chief Government Officer and sole signatory to an organization, Nigel and Colive Firm, opposite to the Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.
The council famous in a press release saying her dismissal on October 4, 2018, that a number of personalities, people, authorities officers and enterprise companions lodged funds into numerous accounts belonging to the decide.
The advice for her dismissal was handed on the 87th assembly of the NJC which held beneath the chairmanship of then Chief Justice of Nigeria, Walter Onnoghen, on October 3, 2018.
She was additionally mentioned to have a non-public communication with a Senior Advocate of Nigeria, Godwin Oblah, whereas the lawyer’s case was pending earlier than her.
Alleged breach of proper to truthful listening to
She later sued the NJC and different defendants alleging that the NJC violated her elementary proper to truthful listening to within the method she was dismissed from the bench.
She argued that the method adopted by the fact-finding committee of the NJC and its report recommending her dismissal have been “unlawful, unconstitutional, illegal, null and void.”
Others sued by her are, the Legal professional Common of the Federation, President Muhammadu Buhari, and judges who have been members of the NJC’s fact-finding committee – Olufemi Akintan, Ishaq Bello and Julieth Kentu.